Fan Content Policy
UncannyKiwi Limited (“UncannyKiwi”) loves that fans are interested in our videogame Scooterflow and want to create their own artwork, videos, websites, and other content based on the game. However, given we spend a lot of time and money creating our intellectual property, we need to protect it just like other videogame studios.
Please note that in nearly all cases, using our game, artwork, videos, music, characters, logos, and other intellectual property (“Scooterflow IP”) without our permission is illegal and a violation of our rights.
This Fan Content Policy explains what you are legally allowed to do regarding your Fan Content. In this Policy, “Fan Content” means your personal, non-commercial fan art (such as artwork, modifications, photographs, videos, and other materials) and other content that is based on the Scooterflow IP and accessible to the public.
We reserve the right to change this Policy at any time by posting the revised Policy to our website. Any existing Fan Content that no longer complies with this Policy due to a change in the Policy must be modified to be compliant with the Policy.
Section 1 – General Rules
1.1 You may create Fan Content based on Scooterflow IP as long as you comply with this Policy. Any Fan Content that violates this Policy is prohibited.
1.2 This Policy applies only to Scooterflow IP that you access pursuant to the Scooterflow end user license agreement, and/or other agreements you have with UncannyKiwi.
1.3 All Fan Content must be appropriate for the audience of the Scooterflow IP and consistent with the spirit and tone of the Scooterflow IP (as determined by UncannyKiwi). Fan Content must comply with applicable law, may not violate the rights of others, and must not be obscene, sexually explicit, defamatory, offensive, objectionable, or harmful to others.
1.4 Fan Content must have no commercial (i.e., monetary) objective. As an exception to this, individual fans are permitted to monetize web videos (such as YouTube and Twitch) with advertisements, so long as those videos otherwise meet the requirements of this Policy.
1.5 UncannyKiwi, in its sole discretion, can revoke your permission to create Fan Content at any time and for any reason.
1.6 You may not say or imply that your Fan Content is endorsed or approved by UncannyKiwi.
1.7 Your Fan Content may not include links to any website that promotes or exploits cheats or hacks to Scooterflow or any other games.
1.8 You may not create or use any Fan Content in a manner that could cause people to believe that it is an official UncannyKiwi or Scooterflow product. For example, a fan website may not be designed to look like an official UncannyKiwi or Scooterflow website, and it must be clear to visitors that the website is not an UncannyKiwi or Scooterflow website.
1.9 You may not use any Scooterflow IP in any manner that is derogatory to UncannyKiwi or that may damage the value, reputation, or goodwill of UncannyKiwi or its products or brands (as determined by UncannyKiwi).
1.10 If you use UncannyKiwi or Scooterflow brands, logos, game titles, character names, or other trademarks (“Marks”) in connection with your Fan Content, you must follow these rules:
a. Marks must be used only in connection with discussion of the UncannyKiwi products or business they represent. Do not use Marks to identify or promote you, your Fan Content, or any other products or business.
b. Marks must be used in a manner that will enhance and not damage the reputation and goodwill associated with the Marks.
c. Do not use any Marks in the name of a website unless it is clear from the name that the website is not an official UncannyKiwi or Scooterflow website.
d. Do not register or use any domain name that is confusingly similar to the UncannyKiwi or Scooterflow domain names.
e. Do not alter any Marks. For example the colors of a logo should not be altered, and the design and appearance of the logo should not be modified or adapted into a new logo.
Section 2 – Your Agreements with UncannyKiwi
Except for the limited permissions described in this Fan Content Policy, your use of any Scooterflow IP is subject to the Scooterflow end user license agreement and other agreements you may have with UncannyKiwi regarding UncannyKiwi’s websites, games, and other materials from which you access the Scooterflow IP. Those agreements include important legal terms (such as limitations of liability, disclaimers of warranties, and dispute resolution), so please review those agreements carefully before creating any Fan Content.
Section 3 - Mods
UncannyKiwi allows fans to create modifications or enhancements of Scooterflow (“Mods”) pursuant to the Scooterflow end user license agreement.
UncannyKiwi may permit you to create, develop, upload, submit, transmit, or otherwise make available to UncannyKiwi and other Scooterflow users additions, enhancements, modifications, or other user generated content for Scooterflow (“Mods”).
You are not permitted to create Mods of Scooterflow content or Scooterflow IP for any game other than Scooterflow.
You are not permitted to create Mods for any of the following third party intellectual property present in Scooterflow unless specifically approved in writing by the relevant owner of the third party intellectual property (“Rightsholder”): music, player characters, character clothing, and scooter parts.
You will comply with this Fan Content Policy and all third-party applicable terms of service, end user license agreements, and policies relating to Mods, including any agreements, policies or restrictions provided by a Rightsholder.
With respect to each Mod, you will provide complete and accurate disclosures in response to all requests made by UncannyKiwi regarding the use of intellectual property within the Mod, the Mod's security and data privacy measures and processes, and information pertinent to content ratings, and you are responsible for ensuring that the Mod is and remains compatible with this Fan Content Policy and the Scooterflow end user license agreement.
You represent and warrant that your Mods do not: (1) violate applicable law, (2) violate or infringe any third party rights, including intellectual property rights or privacy, publicity, or moral rights, or (3) contain any viruses or malicious code or content, such as any software that interferes with, disrupts, damages, or provides unauthorized access to devices, servers, networks or other properties or services of any third party.
UncannyKiwi reserves the right to require you to take down and cease supplying any Mods in UncannyKiwi’s sole discretion.
You acknowledge and agree that: (1) you are not entitled to any compensation by UncannyKiwi for your Mods unless expressly provided in a separate agreement with UncannyKiwi, (2) UncannyKiwi has no obligation to accept, distribute, or make available any of your Mods, and (3) UncannyKiwi may forward to you claims or notices that you do not have all necessary rights in and to your Mod.
By submitting Mods to UncannyKiwi, you hereby grant to UncannyKiwi a non-exclusive, fully-paid, royalty-free, and revocable license to use, copy, modify, distribute, publicly perform, and publicly display your Mods for the purpose of enabling end users to install and use the Mods.
Section 4 – Enforcement of Rights
UncannyKiwi reserves the right to take legal action against you for your misuse of Scooterflow IP and this may include seeking monetary damages and injunctive relief.